外网天堂

Operating Policy and Procedure

HSC OP: 52.06, Standards of Conduct and Ethics Guide

PURPOSE: The purpose of this Health Sciences Center operating policy (HSC OP) is to support the (HSC OP 52.01) which is based upon federal and state laws and regulations, including and the (鈥淭TUS鈥� or 鈥淩egents鈥� Rules) and (外网天堂) operating policies.

This policy does NOT replace Regents鈥� Rules or other 外网天堂 operating
policies and procedures, but offers general guidance only. This is a summary
of legal and ethical standards for 外网天堂 employees to use as a resource
when conducting activities on behalf of 外网天堂. All relevant policies may
not be listed in this OP. See the actual policies for final approved language.

REVIEW: This HSC OP will be reviewed on May 1 of each odd-numbered year (ONY) by the Institutional Compliance & Risk Committee, with recommendations for substantive revision forwarded to the People and Operations Council.

POLICY/PROCEDURE:

1. Introduction

In support of 外网天堂鈥檚 commitment to promote ethical, honest and lawful conduct by its employees within the workplace, each new 外网天堂 employee shall receive a copy of this Standards of Conduct and Ethics Guide, , and Texas Government Code 572.051. This policy will also be posted on the Institutional Compliance website at /compliance/default.aspx.

2. Reporting Violations, Fraud and Misconduct Hotline and Non-Retaliation

外网天堂 employees are required to report suspected or known fraud ( and , Regents鈥� Rules), violations of law or 外网天堂 policies. There are various reporting resources available, including these administrative channels: a supervisor, an appropriate administrator or 外网天堂 Office of Institutional Compliance, or the Office of Audit Services (OAS) or Texas Tech Police Department. Alternatively, reports can be made using the confidential and anonymous hotlines:

鈥� TTUS Fraud and Misconduct Hotline at , or by the toll-free telephone number, 1-866-294-9352

鈥� Texas State Auditor鈥檚 Office Fraud Hotline at the toll-free telephone number, 1-800-TX-AUDIT (1-800-892-8348); on-line report form at or by mail at:

State Auditor鈥檚 Office
ATTN: Investigations and Audit Support
P.O. Box 12067
Austin, TX 78711-2067

No 外网天堂 employee shall retaliate or take adverse action against any person, including whistleblowers (See section 3.b below), who in good faith, report suspected fraud, violation of law and/or 外网天堂 policy.

Relevant Policies:
HSC OP 52.03, Fraud and Misconduct Hotline; and HSC OP 52.04, Report & 外网天堂 Internal Investigation of Alleged Violations, Non-Retaliation

3. Preventing Fraud, Waste and Abuse

a. TTUS Fraud Policy. Fraudulent activity of any kind, including for the benefit of the TTUS and 外网天堂, is expressly prohibited. The Board of Regents defines fraud as:

An intentional perversion of truth to induce another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Any kind of artifice employed by one person to deceive another.

外网天堂 employees are required to report suspected or known fraudulent activity. See Section 2 above. The TTUS Fraud Policy located in provides detailed information about individual responsibilities and actions to prevent, minimize and report fraud.

b. Fraud, Waste and Abuse in Health Care. As a health care provider, 外网天堂 is required by law to provide certain information to its employees, agents and contractors regarding the federal and state false claims acts, the federal false claims and statements law, and protections for those reporting violations of these laws (i.e., whistleblower protections).

1) Federal False Claims and Statements Law. As summarized from 31 U.S.C. 搂3802, it is illegal to knowingly make, present, submit or cause to be made, presented or submitted to the federal government, a false, fictitious or fraudulent claim or written statement. This includes, but is not limited to, the omission of material facts that a person must disclose which makes the claim or statement false, fictitious or fraudulent, and submitting claims for payment of services not provided. A violation of this law can result in civil penalties of up to $5,000 per claim and possible exclusion from participation in any federal health care program, such as Medicare, Medicaid, TriCare and the Veterans Administration. Violations can also result in exclusion from federal health care programs for the organization and/or individuals.

2) Federal False Claims Act. Civil penalties for violating the civil FCA may include recovery of up to three times the amount of damages sustained by the Government as a result of the false claims, plus financial penalties per false claim filed. Additionally, under the criminal FCA, 18 U.S.C. Section 287, individuals or entities may face criminal penalties for submitting false, fictitious, or fraudulent claims, including fines, imprisonment, or both. The civil FCA imposes civil liability on any person who:

鈥� Presents a false or fraudulent claim to a federal health care payer for payment or approval;
鈥� Makes, or causes to be made or used a false record or statement to get a false claim paid or to avoid or decrease an obligation to pay money to the government, such as failure to refund known overpayments; or
鈥� Conspires to defraud the government by getting a false or fraudulent claim paid or allowed.

In addition, 31 U.S.C. 搂3730 allows private citizens, known as whistleblowers, to file a civil lawsuit against persons who violate this law.

3) Texas False Claims Act. The Texas law, similar to the Federal False Claims Act described above, applies to Medicaid claims and payment with civil penalties not less than $5,500 (or the minimum amount imposed as provided by 31.U.S.C. Section 3729 (a), if that amount exceeds $5,500) to not more than $15,000 (or the maximum amount imposed as provided by 31.U.S.C. Section 3729 (a), if that amount exceeds $15,000), per false claim, plus two times the amount of any payment or the value of the benefit. In addition, a person is subject to civil penalties under the Texas False Claims Act for submitting claims for payment to Medicaid for services provided by an unlicensed individual or that were not ordered by a health care provider. Similar to the Federal False Claims Act, private individuals can file a civil lawsuit against any person who violates this law. Texas Human Resources Code, Chapter 36

4) Under the federal law, the term 鈥渒nowing or knowingly鈥� includes actual knowledge or acting with deliberate ignorance or in reckless disregard of the truth or falsity of the information contained in the claim or statement. 31 U.S. 3729(b). The term 鈥渒nowing鈥� under Texas law is similar to the federal definition, except that it includes 鈥渃onscious indifference鈥� to the truth or falsity of the information instead of 鈥渄eliberate ignorance鈥�. Tx. Human Resources Code 搂36.0011

4. Texas Public Information Act 鈥� Records Requests.

Any documents generated or created by or on behalf of 外网天堂, unless protected by law, are subject to release upon written request. If a request is received by a 外网天堂 employee, the 外网天堂 employee shall immediately contact the TTUS Office of General Counsel at (806-742-2155) or forward the request by email to publicinfo@ttu.edu. Under the Public Information Act, there are exceptions to requests for disclosure, which include, but are not limited to, information made confidential by law, certain commercial information and trade secrets.

The Texas Attorney General鈥檚 Office makes the final determination whether or not requested information is to be disclosed, on a case by case basis, after reviewing the materials and assertions against disclosure.

Relevant Policy:
HSC OP 01.03, Custodian of Public Records

5. Investigations

a. Office of Audit Services. The TTUS Office of Audit Services (OAS) is an independent body that reports directly to the Audit Committee of the TTUS Board of Regents. Its mission is to assist the Board of Regents and other units of TTUS and its components, including 外网天堂, in identifying, avoiding and mitigating risks. No 外网天堂 employees shall interfere with an OAS audit or investigation.

b. Government Investigators. 外网天堂 shall cooperate in any government investigation of 外网天堂 and/or its employees subject to the legal rights of 外网天堂 and its employees. If a 外网天堂 employee at any time receives a subpoena, search warrant or other legal document from an outside government agency that is related to 外网天堂 business, the 外网天堂 employee shall immediately notify his/her supervisor and the Office of General Counsel (806-743-2986). If an employee chooses to talk with a governmental agent, he/she must respond truthfully. An employee has the right to hire an attorney at any time during a government investigation.

6. Media Requests

All media-related questions and concerns should be directed to the Office of Communications and Marketing.

Relevant Policy:
HSC OP 67.02, Communications, Advertising, and News Media

7. Ethical Conduct

Texas Government Code 572.051 requires each state agency to adopt an ethics policy consistent with the standards of conduct outlined in the law. The State of Texas and TTUS Board of Regents have defined ethical standards and conduct that apply to 外网天堂 employees. The most complete and current source of information on ethical standards and conduct applicable to 外网天堂 employees is located in Regents鈥� Rules 03.01 and 03.02. Each 外网天堂 employee is expected to know and comply with these ethical standards.

, in part, prohibits or restricts certain activities that can create a conflict of interest. For example, acceptance of gifts or benefits from third parties, honoraria, outside employment, or personal financial interests can create a conflict where private interests may overcome the best interests of 外网天堂, compromising the public trust. , provides a non-exclusive list of prohibited conduct that constitutes a breach of trust. A violation of these ethical standards can result in disciplinary action, up to and including termination of employment from 外网天堂. Guidance on Texas ethics rules is available at the Texas Ethics Commission鈥檚, 鈥溾��.

外网天堂 employees shall not knowingly provide false information to 外网天堂. 外网天堂 employees are expected to comply with all lawful directives of 外网天堂 officials where such directives are issued in the performance of their duties.

Relevant Policies:

8. Political Activities

外网天堂 employees shall not participate in political activities during work hours or otherwise spend 外网天堂 funds, or use 外网天堂 property in support of any political activities, including, but not limited to influencing the outcome of any election or the defeat or passage of any legislative matter. Unless prohibited by law, 外网天堂 employees may contribute their personal funds to political organizations or campaigns.

Relevant Policies:
, Regents鈥� Rule and HSC OP 61.03, Posting of Notices on HSC Property

9. Clinical Health Care Compliance

外网天堂 follows federal and state laws, regulations, policies and procedures, as well as private payer contractual obligations in providing and billing for health care services and items. 外网天堂 has established a Billing Compliance Plan, HSC OP 52.07, which provides oversight of all 外网天堂 health care billing to minimize the risk of fraud, waste and abuse. Failure to properly document and/or bill for health care services/items may constitute fraud, waste and abuse, resulting in possible loss of professional license, institutional and/or individual civil fines, criminal penalties and/or exclusion from participation in federal or state health care programs.

Relevant Policies:
HSC OP 52.07, Billing Compliance Plan

10. Information Technology/Security

All information technology resources at 外网天堂 (including, but not limited to, computers and other electronic devices) are owned by the State of Texas and administered by the 外网天堂 Information Technology Division. The purpose of implementing Information Technology (I.T.) policies and standards is to establish a common framework for adopting and deploying Information Technology resources within the 外网天堂 environment.

These policies and standards have been established in order to:

鈥� provide constituents with an integrated I.T. environment that supports the mission of 外网天堂;
鈥� provide visual, developmental, and security guidelines and standards for web publishing that comply with state and federal laws;
鈥� define all 外网天堂 user responsibilities and conduct standards related to information technology;
鈥� safeguard the privacy, confidentiality, and reliability of data;
鈥� protect and maximize 外网天堂's investments in I.T. resources;
鈥� reduce 外网天堂's business and legal risks;
鈥� define the requirements for the use of I.T. resources within the 外网天堂 environment.

外网天堂 information technology resources shall only be used for official 外网天堂 business.

Relevant Policies:
HSC OP 56.01, Acceptable Use of Information Technology Resources

外网天堂 IT Policies

11. Confidential Information

Information about 外网天堂鈥檚 students, employees, patients, alumni, and donors is a valuable asset, most of which is confidential and protected under various federal and state laws, and/or 外网天堂 policies. Confidential information, includes, but is not limited to:

鈥� Employee personal data that is not designated directory information;
鈥� Student information protected under the Federal Educational Rights and Privacy Act (FERPA) (For more information go to HSC OP 77.13, Student Education Records);
鈥� Patient information protected under the Health Insurance Portability and Accountability ACT (HIPAA) and Health Information Technology for Economic and Clinical Health (HI- TECH) Act (For more information go to );
鈥� Financial information, including information protected under the Gramm-Leach-Bliley (GLB) Act;
鈥� Medical Committee and Medical Peer Review Committee documents generated by or created for fulfilling Committee duties which are confidential and privileged under the Texas Health and Safety Code, Chapter 161, and the Texas Occupations Code, Chapter 151; and
鈥� Alumni and donor data maintained in the 外网天堂 ADVANCE system.

It is illegal for a 外网天堂 employee to use confidential information for the personal benefit/gain of himself/herself or another or to harm another person. 外网天堂 employees are expected to know and follow applicable laws, regulations, policies and contracts about the collection, use, disclosure and protection of confidential information related to their job responsibilities for 外网天堂 and shall sign a Confidentiality Agreement at the time of employment and when requested by institutional administration as part of the yearly evaluation process.

Relevant Policies:
; HSC OP 52.09, Confidential Information; HSC OP 52.08, Social Security Number Policy; 外网天堂 Privacy Policies; and HSC OP 02.05, Confidentiality of Information on ADVANCE system

13. Human Resources and Work Environment

外网天堂 strives to provide an environment where employees, students, patients, agents, volunteers and visitors are treated fairly and with respect.

a. Violence and Weapons Free Workplace

外网天堂 prohibits personal harassment, abusive behavior or violence against persons lawfully on 外网天堂-owned or controlled property or while at 外网天堂-sponsored or supervised functions. 外网天堂 employees are responsible to immediately report any threats received, communicated to them, or witnessed to his/her supervisor, the Texas Tech Police or any 外网天堂 administrator. 外网天堂 employees shall not use force or violence or other methods that obstruct the functions of 外网天堂, including but not limited to, teaching, research, administration, public service, presentations by guest lecturers and speakers and other authorized activities.

Firearms, ammunition, explosive weapons, illegal knives and other deadly weapons are prohibited on 外网天堂 property except as specifically authorized by law.

Relevant Policies

, Regents' Rule; HSC OP 76.08, Violence and Workplace Threats; HSC OP 61.07, Use of 外网天堂 Premises and Amplification Equipment; and HSC OP 51.03, Sexual Misconduct, , ; HSC OP 70.31, Employee Conduct, Coaching, Corrective Action and Termination; and HSC OP 10.30, Regulations for the carrying of concealed handguns by license holders.

b. Equal Opportunity

外网天堂 is an equal employment employer. 外网天堂 prohibits discrimination and harassment and provides equal opportunity in employment and all business operations to its community members and applicants regardless of race, color, religion, sex (including pregnancy), national origin, age, disability and genetic information, or military or veteran status. 外网天堂 provides a non-discriminatory employment environment, and training related to non-discrimination and non-harassment. Additional information can be found in the policies listed below.

Relevant Policies

; HSC OP 51.01, Equal Employment Opportunity Policy, , , ; HSC OP 51.02, Non-Discrimination and Anti-Harassment Policy and Complaint Procedure; HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination; and HSC OP 70.46, HIV/AIDS Policy for the Workplace

c. Sexual Misconduct

A broad term encompassing all forms of sex-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes Sexual Harassment, Nonconsensual Sexual Contact, Nonconsensual Sexual Intercourse, Sexual Assault, Sexual Exploitation, Stalking, Public Indecency, Interpersonal Violence, Sexual Violence, and other misconduct based on sex.

Mandatory Reporting: Additionally, Texas law requires employees to report certain types of sexual misconduct, including but not limited to Title IX Sexual Misconduct to the appropriate 外网天堂 personnel. This mandatory reporting obligation is further described in System Regulation 07.06A Title IX Sexual Misconduct and System Regulation 07.06B Non-Title IX Sexual Misconduct, . Failure to report shall result in termination of employment and may result in criminal penalties.

Relevant Policies

; 51.02 Non-Discrimination and Anti-Harassment Policy and Complaint Procedure; 51.03, Sexual Misconduct and HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination. , , , .

d. Nepotism (Employment of Relatives)

Employment decisions at 外网天堂 shall be made on the basis of an appointee鈥檚 or applicant鈥檚 qualifications and suitability in accordance with applicable statutes and provisions of 外网天堂 policies. No 外网天堂 employee shall directly supervise any relative within the degrees prohibited by 外网天堂 policy.

Relevant Policies

; HSC OP 70.08, Nepotism; HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination; .

e. Drug, Alcohol and Tobacco Free Campus

外网天堂 employees shall report for work and perform their assigned duties free from the effects of alcohol and drugs. Contractors conducting business or providing services on a 外网天堂 campus are required to maintain and enforce a drug free workplace policy for their employees. 外网天堂 prohibits the unlawful possession, use, distribution, dispensing or manufacture of alcohol or illegal drugs on 外网天堂 property or as part of any officially sanctioned 外网天堂 activity. (Alcohol may be permitted by the Board of Regents and in accordance with law.) Any 外网天堂 employee who is aware of drug or alcohol abuse by another individual in the workplace is expected to report this to their immediate supervisor or Human Resources. Use of tobacco in any form is prohibited in a 外网天堂 facility or anywhere on 外网天堂 grounds. See HSC OP 72.16, Official Functions, Business Meetings and Entertainment, regarding acceptable use of alcohol for entertainment purposes.

Relevant Policies

; HSC OP 10.03, Alcohol and Illegal Drugs; HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination; HSC OP 70.39, Drug-Free Workplace; and HSC OP 10.19, Smoke, Tobacco and E-cigarette Free Environment

f. Work Hours

外网天堂 employees shall accurately report their work hours and leave time in accordance with 外网天堂 policies. Sick time shall not be taken in order to work for another employer. Non-exempt employees are entitled to overtime and/or compensatory time in accordance with the Fair Labor Standards Act and 外网天堂 policies. Overtime must be specifically approved before it is worked.

Relevant Policies

HSC OP 70.06, Flexible Work Program and HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination.

g. Family Medical Leave Act (FMLA)

A 外网天堂 employee who meets the eligibility requirements of service with 外网天堂 may request (in writing) and may be entitled to, paid or unpaid, time off from work for up to twelve (12) weeks during each 12-month period for pregnancy, adoption or other qualifying family and/or medical reasons.

Relevant Policy

HSC OP 70.01, Employee Leave.

h. Outside Employment

外网天堂 faculty and staff鈥檚 primary employment responsibility is to 外网天堂. According to TTUS Regents鈥� Rules, 外网天堂 employees should not accept other employment, appointments, compensation, or engage in a business or professional activity that creates a conflict of interest with the employee鈥檚 duties and obligations to 外网天堂 or that induces the employee to disclose confidential information of 外网天堂.

Relevant Policies

and HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination; HSC OP 10.05, Conflict of Interest and Commitment Policy,

i. Conviction Notification

Each faculty, staff and/or student employee is required to notify 外网天堂 of any felony conviction, conviction of a Class A misdemeanor, or any drug, assault or theft conviction no later than five days after such conviction. Each faculty, staff and/or student employee is also required to notify 外网天堂 of any criminal conviction or probation, deferred or suspended sentence, whether from a conviction or deferred adjudication, no later than five (5) calendar days after such conviction, deferred adjudication, suspended sentence, or probation has been rendered.

Relevant Policies

and HSC OP 70.31, Employee Conduct, Coaching, Corrective Action, and Termination. .

j. Complaint and Grievance Procedures

Non-faculty employees who have complaints or grievances related to their employment at 外网天堂 should either seek resolution through their supervisor or the procedures outlined in HSC OP 70.10, Non-Faculty Employee Complaint Procedures and HSC OP 51.02, Non-Discrimination and Anti-Harassment Policy and Complaint Procedure, . Faculty should follow the procedures published in the Faculty Handbook of their respective School to address employment related complaints or grievances.

14. Research Activity

外网天堂 researchers, including faculty, staff, residents and students, have a legal and ethical obligation to 外网天堂 and the larger community when conducting research and shall comply with all applicable laws, regulations, and 外网天堂 policies concerning research activity.

a. Human Subjects Research

No research involving people shall be conducted without the prior review and approval of the 外网天堂 Institutional Review Board (IRB) which has oversight responsibility of research involving people (human subjects research).

Relevant Policy:

HSC OP 73.06, Research Involving Human Subjects

b. Animal Research

No research involving animals shall be conducted without the prior review and approval of the 外网天堂 Institutional Animal Care and Use Committee (IACUC) which has oversight responsibility of research involving animals conducted at or through 外网天堂.

Relevant Policy:

HSC OP 73.03, Animal Care and Use Program

c. Grant or Contract Funding

Only true, accurate and allowable costs shall be submitted for reimbursement. Principal investigators are responsible for ensuring that costs charged to their individual grants and contracts comply with the applicable regulations and conditions of each grant or contract. Externally funded projects must be routed through the Office of Sponsored Programs. Pursuant to HSC OP 73.14, Research Compliance, the Research Integrity Office (RIO) monitors compliance with applicable laws, regulations, Regents鈥� Rules and 外网天堂 policies related to the appropriate conduct of research activities at or through 外网天堂.

d. Research with Radioactive and Hazardous Materials

Research involving hazardous materials, such as infectious agents, select agents/toxins, recombinant DNA, controlled substances, and radioactive material is subject to oversight by institutional committees and must be approved by that oversight committee before research begins.

Relevant Policies

HSC OP 73.04, Research Involving Controlled Substances and Laboratory Apparatus; HSC OP 73.05, Research Involving Hazardous Chemical and Biological Materials, and Recombinant or Synthetic Nucleic Acid Molecules; HSC OP 73.10, Faculty Laboratory Decommissioning Procedure; HSC OP 73.11, Research Involving Radioactive Material; and HSC OP 73.12, Possession and Use of Exempt Quantities of CDC Select Agent Toxins

e. Human Pluripotent Stem Cell Research

No research involving the use of human embryonic stem cells or human pluripotent stem cells shall be conducted without the prior review and approval of the 外网天堂 Embryonic Stem Cell Research Oversight (ESCRO) Committee which has oversight responsibility of research involving the use of human embryonic stem cells or human pluripotent stem cells at or through 外网天堂.

Relevant Policies

HSC OP 73.19, Human Pluripotent Stem Cell Research

f. Export Controls. All work or research involving the transfer by any means of technology, information (written, visual, or oral), equipment (including visual inspection), software or codes, or services to anyone, including a U.S. citizen, outside of the United States shall be reviewed in accordance with HSC OP 73.16, Export Controls before initiation of the work or research project to determine whether or not export controls regulations apply.

Relevant Policies: HSC OP 73.16, Export Controls

g. Research Conflicts of Interest and Research Misconduct. 外网天堂 is committed to protecting the integrity of its research. Researchers are required to disclose potential or actual research-related conflicts of interest in accordance with applicable laws and 外网天堂 policies. 外网天堂 will investigate allegations of research misconduct, including falsification, fabrication and/or plagiarism in accordance with Public Health Service regulations and 外网天堂 policies.

Relevant Policies: HSC OP 73.09, Financial Conflicts of Interest in Research; and HSC OP 73.07, Honesty in Research and Allegations of Scientific Misconduct

15. Conflicts of Interest

外网天堂 employees shall act impartially and not give preferential treatment to any private or public organization or individual. A 外网天堂 employee shall not accept or seek any gift, favor or service that might reasonably tend to influence his/her discharge of official duties or that the employee knows or should know is being offered with the intent to influence official conduct.

Health care vendor interactions with 外网天堂 health care providers who are in a position to prescribe order or refer health care items or services are subject to certain restrictions as outlined in HSC OP 10.05, Conflict of Interest and Commitment Policy.

外网天堂 employees shall not have a direct or indirect interest, including financial and other interest, engage in business transactions or professional activities, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the employee鈥檚 duties in the public interest. 外网天堂 employees shall not make personal investments that could reasonably be expected to create a substantial conflict between the employee鈥檚 private interest and the public interest or use their public offices for private gain.

The sale of textbooks and other educational material used in an instructional setting at 外网天堂, including the use of a textbook authored by a faculty member, shall be in accordance with the procedures outlined in HSC 77.18, Adoption and Sale of Textbooks and Related Materials.

Relevant Policies: ; HSC OP 10.05, Conflict of Interest and Commitment Policy; HSC OP 52.16, Health Care Vendor Interactions; and HSC OP 73.09, Financial Conflicts of Interest in Research

16. Benefits, Gifts and Honoraria

The Texas Penal Code 36.01(3) defines a 鈥渂enefit鈥� as anything reasonably regarded as pecuniary gain or advantage, including benefit to any other person in whose welfare a 外网天堂 employee has a direct and substantial interest.

a. Bribery. Under Texas Penal Code 36.02, no 外网天堂 employee may solicit, offer or accept any benefit in exchange for his/her decision, opinion, recommendation, vote, or other exercise of official power or discretion. A benefit that is otherwise allowed by 外网天堂 policy is nevertheless prohibited if it is offered in exchange for official action.

b. Prohibited Benefits. A 外网天堂 employee who exercises discretion in connection with contracts, purchases, payments, claims, and other pecuniary transactions of government shall not seek, accept or agree to accept any benefit from any person that he/she knows is interested in or is likely to become interested in any contract, purchase, payment, claim or transaction involving the exercise of that employee鈥檚 discretion. This prohibition does not apply to items having a value of less than $50.00, excluding cash or negotiable instruments.

c. Food, Lodging, Transportation, and Entertainment Received as a Guest. A 外网天堂 employee may accept food, lodging, transportation, or entertainment from persons or entities he/she knows or reasonably should know, are interested in or likely to become interested in a contract, purchase, payment, claim, decision, or transaction involving the exercise of the employee鈥檚 discretion as a 鈥済uest鈥�. A 外网天堂 employee is a 鈥済uest鈥� when the person or entity鈥檚 representative is present at the time the food, lodging, transportation, or entertainment is received or enjoyed by the 外网天堂 employee.

d. Honoraria. A 外网天堂 employee shall not seek, accept or agree to accept an honorarium for services he/she would not have been asked to provide but for their official position or duties for 外网天堂. This does not prevent a 外网天堂 employee from accepting meals or reimbursement for expenses of meals, transportation and lodging incurred in connection with a speaking engagement at a conference or similar event. Honoraria from vendors of health care items/services must be in accordance with 外网天堂 policies.

Relevant Policies:; and HSC OP 52.16, Health Care Vendor Interactions

17. Contracts and Purchasing

a. Contracting Authority. No person has the authority to commit 外网天堂 resources for any purpose except as authorized in Regents鈥� Rules and 外网天堂 policies. Written contracts shall be executed whenever 外网天堂 enters into a binding agreement with any public or private party. Contracts include, but are not limited to letter agreements, cooperative agreements, memorandums of understanding, interagency contracts, grants, loans, easements, licenses, leases, permits and restrictions on acceptances of gifts and bequests. No officer or administrator is authorized to sign contracts or agreements with an external agency unless that authority has been delegated in accordance with Regents鈥� Rules or 外网天堂 Operating Policies and Procedures.

Relevant Policies: ; HSC OP 10.11, Delegation of Authority by the President; HSC OP 54.01, Contracting Authority and Policy; HSC OP 54.02, Contracting Procedures; and HSC OP 54.04, Professional Services 鈥� Contracting

b. Purchases of Supplies, Equipment and Services. Supplies, equipment and services shall only be purchased by persons with authority to make those purchases and in accordance with 外网天堂 policies and procedures, including those concerning Historically Underutilized Businesses. Contact the 外网天堂 Director of Purchasing for questions regarding 外网天堂鈥檚 purchasing policies.

Relevant Policies: HSC OP 72.01, Purchasing Supplies, Equipment and Services; HSC OP 72.03, Direct Pay Expenditures; and HSC OP 72.13, Historically Underutilized Businesses

18. Intellectual Property

a. Intellectual Property Rights & Disclosures. The Texas Tech University Office of Research Commercialization has responsibility for the administration and implementation of TTUS鈥� intellectual property program in accordance with and advising 外网天堂 employees and students regarding TTUS鈥� intellectual property policies. Intellectual property includes, but is not limited to inventions, innovations, discoveries, improvements, biological material, proprietary materials, plants, copyrightable works, trademarks and tangible research property. Generally, intellectual property made with the use of TTUS/外网天堂 facilities or during the course of an employee鈥檚 regularly assigned duties for 外网天堂 is the property of the Texas Tech University System. All intellectual property shall be promptly disclosed to the (OTC).

Relevant Policy:

b. Copyright and Fair Use. Although materials may not contain the copyright notice symbol 漏, the material may still be protected. Generally, material published after March 1, 1989 does not require a copyright notice and should therefore be presumed to be under copyright protection unless it is published by the federal government or otherwise in the public domain. 外网天堂 recognizes the doctrine of 鈥淔air Use鈥� for education purposes which allows legal copying of copyrighted materials in certain situations without the need for obtaining permission or payment of a fee for use of the material. The concept of copyright protection and the 鈥淔air Use Doctrine鈥� are more fully explained in 外网天堂 OP 57.02, Guidelines for the Educational Use of Copyrighted Works.

19. Protecting University Resources

外网天堂 employees shall protect and conserve public property and shall not use it for anything other than authorized activities. 外网天堂 employees shall be subject to discipline for theft or damage to the tangible property of 外网天堂 or 外网天堂 students, employees, patients, or visitors.

a. Private use of State Property and Services of 外网天堂 Employees Prohibited. Use of 外网天堂 property, services, or personnel for personal benefit or to harm another is prohibited. 外网天堂 facilities, equipment, supplies and services are to be used only for duly authorized University purposes. Equipment 外网天堂 owns or for which it is responsible shall not be removed from the University premises, except in accordance with 外网天堂 policies.

The use of 外网天堂 employees for personal work is strictly prohibited. This includes, but is not limited to, typing and secretarial services on personal and/or private consulting correspondence, running personal errands, and other like personal services.

Relevant Policy: HSC OP 61.01, Use of 外网天堂 Facilities, Equipment, Supplies and Services for Private Purpose Prohibited

b. Travel. All official travel must be for the use and benefit of 外网天堂. 外网天堂 employees are responsible for knowing the travel rules and policies applicable to state employees prior to traveling. Travel (including meals, lodging, transportation and incidental expenses) shall be planned so as to achieve maximum savings and efficiency. Reimbursement for travel expenses shall only be made in accordance with state law and 外网天堂 policies.

Relevant Policy: HSC OP Section 79, Travel

20. Records Management

a. Financial Reporting. All 外网天堂 accounts, financial reports, tax returns, expense reimbursements, time sheets and other documents, including those submitted to government agencies must be accurate, clear and complete.

b. Accuracy of Records. 外网天堂 employees shall not falsify, alter or use without authority, 外网天堂 documents, records or identification materials.

Relevant Policy:

c. Retention and Maintenance. 外网天堂 documents and records and electronic data shall be retained and maintained in accordance with 外网天堂 policies.

Relevant Policy: HSC OP 10.09, Records Retention

21. Right to Change Policy

外网天堂 reserves the right to interpret, change, modify, amend or rescind this policy in whole or in part at any time without the consent of employees.